Florida Statute 944.405 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 944
STATE CORRECTIONAL SYSTEM

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F.S. 944.405

944.405 Warrant for retaking offender who has escaped from custody or absconded from rehabilitative community reentry program, or who is ineligible for release.—

(1) If there is reasonable justification to believe that an offender has escaped from the custody of the department or has absconded from a rehabilitative community reentry program before the offender has satisfied his or her sentence or combined sentences, or if it is determined an offender was released in error, or if it is subsequently determined the offender was statutorily ineligible for release, the secretary of the department or the secretary’s designated representative may issue a warrant for retaking the offender into custody until he or she has served the remainder of the sentence or combined sentences.

(2) An offender who is arrested as provided in subsection (1) is ineligible for bond, bail, or release on his or her own recognizance.

(3) A warrant issued under subsection (1) is in effect until the offender has been returned to the custody of the department, or until the sentence is deemed satisfied, whichever occurs first.

(4) The issuance of a warrant pursuant to this section does not negate or interfere with the right to issuance of a warrant under any other provision of law.

History.—s. 1, ch. 87-211; s. 51, ch. 91-110; s. 34, ch. 93-406; s. 1650, ch. 97-102.

F.S. 944.405 on Google Scholar

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Amendments to 944.405

Arrestable Offenses / Crimes under Fla. Stat. 944.405

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 944.405.

Annotations, Discussions, Cases:

Cases Citing Statute 944.405

Total Results: 3

Cespedes v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-01-09

Citation: 17 So. 3d 302, 2009 Fla. App. LEXIS 1493, 2009 WL 264105

Snippet: authority that the legislature's enactment of section 944.405, Florida Statutes (2008), allowing the department

Gaines v. Florida Parole Commission

Court: District Court of Appeal of Florida | Date Filed: 2007-08-14

Citation: 962 So. 2d 1040, 2007 WL 2301275

Snippet: liberty."). In terms of statutory law, section 944.405(1), Florida Statutes, provides in relevant part

Waite v. Singletary

Court: District Court of Appeal of Florida | Date Filed: 1994-02-15

Citation: 632 So. 2d 192, 1994 WL 45265

Snippet: Corrections, 531 So.2d 1009 (Fla. 1st DCA 1988); cf. § 944.405, Fla. Stat. (1993) (as amended by ch. 93-406, §